Last week, Washington D.C. set a new precedent for marijuana convictions by enacting a bill that automatically expunges certain possession records. The Second Chance Amendment Act, passed in December, is a result of broad criminal justice reform legislation spearheaded by D.C. Mayor Muriel Bowser (D) and the D.C. Council.
The Expungements Language: Clarifying the Intent
Councilmember Christina Henderson (D) played a crucial role in amending the expungements language. She specified that records related to possession of any quantity of marijuana before the District’s legalization law took effect in February 2015 must be automatically expunged by the courts. This clarification ensures that the intent behind the law is crystal clear, allowing for smoother implementation.
Legalization vs. Decriminalization: Understanding the Difference
D.C.’s legalization law permits possession of up to two ounces of cannabis. However, criminal records do not always reflect the quantity, making it difficult to determine whether the record qualifies as decriminalized conduct. By including all simple possession cases, the law’s intent is clarified and applied more effectively.
The Revised Expungements Section: A Closer Look
The enacted law now includes the following revised expungements section: “The Court shall order automatic expungement of all criminal records and court proceedings related only to citations, arrests, charges, or convictions for the commission of a criminal offense that has subsequently been decriminalized, legalized, or held to be unconstitutional by the Court of Appeals for the District of Columbia or the Supreme Court of the United States, or records related only to simple possession for any quantity of marijuana in violation of D.C. Code § 48-904.01(d)(1) before February 15, 2015…”
Expungement Timeline: When to Expect Results
The expungements must be processed by January 1, 2025, or “within 90 days after termination of the case by the prosecutor or final disposition, whichever is later.” This deadline ensures that individuals with qualifying records will have their cases resolved in a timely manner.
The Impact of Record Expungement: A Fresh Start
The automatic expungement of marijuana possession records is a monumental step towards criminal justice reform. It provides countless individuals with a fresh start, unburdened by past convictions that could limit their opportunities for education, employment, and housing. This progressive legislation reflects the shifting societal attitudes towards marijuana use and paves the way for similar reforms in other jurisdictions.
